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The finding of the City Council by ordinance that any improvement provided in this chapter was duly ordered after notice duly given, or that a petition or objection was or was not filed, or was or was not duly subscribed by the required number of owners shall be conclusive in every court or other tribunal. Within fifteen (15) days immediately succeeding the publication of the ordinance upon its final passage, any person who has filed a written objection, as provided, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside the determination of the City Council to the contrary. Any person concerned who objects to the regularity, validity and correctness of proceedings and instruments taken, adopted or made at or subsequent to the hearing and prior to the final passage of the ordinance shall also have the right to commence action or suit to cure or set aside irregularity, invalidity or incorrectness. This section shall be construed as requiring any person to make any objection in writing prior to the hearing in order not to waive objections, if the purported irregularity, invalidity or incorrectness of any matter first occurred prior to the first publication of the notice of the hearing. After the expiration of fifteen (15) days, all actions or suits not so commenced attacking the regularity, validity and correctness of that ordinance and of all proceedings, determinations and instruments taken, adopted or made prior to the ordinance's final passage, shall be perpetually barred. Provided, however, that if an action is commenced, any party to the action may answer and defend at the time and in the manner provided. (Ord. 2771; 1968 Code §12-39; Ord. 01-42)
At any time after the passage of an ordinance adopted pursuant to this part, the City may, at the City's discretion, direct the City Attorney to file a complaint in the District Court in and for El Paso County, Colorado, in the name of the City, against all or any of the respective owners of the tracts or parcels of land assessed or to be assessed for any improvement ordered to be made praying for a declaratory judgment. In its complaint the City shall generally allege all procedures followed in arriving at the assessment made or to be made, and the special benefits which will accrue to the tracts or parcels of land within the district by reason of the construction of the improvements. The prayer of the complaint shall be that the Court confirm and validate all proceedings and each and every assessment within the district subject to the action of the Court. (Ord. 2771; 1968 Code §12-40; 1980 Code; Ord. 01-42)
If the connection of abutting properties to gas or water mains or wastewater sewers or electric distribution facilities is not included as a part of a local improvement district for the paving of any street or alley, before paving any district in pursuance of this chapter, the City Council may order the owners of the abutting real estate to connect their several premises with the gas or water main, wastewater sewers or electric distribution facilities, or with any other utilities in the street or alley adjacent to their several premises. These utility connections will be made in accord with the respective provisions of the electric tariff, gas tariff, and Utilities Code (chapter 12 of this Code) in effect at the time of connection. On default of the owners for thirty (30) days after the order to make connections, the City may contract for and make the connections in accord with specifications as may be prescribed by the Council and the whole cost of each connection shall be assessed against the premises with which the connection is made. Any number of connections may be included in one contract and notice shall be given to the owner of the property to be assessed as is provided for the giving of notice for the construction of sidewalks as provided in this chapter, but the cost shall be paid upon the completion of the work, in one sum, and shall not be subject to remonstrance. The cost shall be collected in the same manner as is provided in this chapter for the collection of assessments for sidewalks, and upon default in the payment of any assessment, real estate may be assessed in like manner and with like effect, or suit may be brought for the collection of the cost. (Ord. 2771; 1968 Code §12-86; Ord. 91-36; Ord. 01-42)
All actions, legal or equitable, for relief against any proceedings had under this chapter whether based upon irregularities or jurisdictional defects, shall be commenced within thirty (30) days after the wrongful act complained of or else be perpetually barred. (Ord. 2771; 1968 Code §12-91; Ord. 01-42)
When any contractor, subdivider or any person other than the City, commences the construction of any public improvement, public liability for the condition and maintenance of public improvement shall be that of the contractor, subdivider or other person undertaking construction until the public improvement, upon completion, has been inspected by the City Engineer for compliance with City specifications, and accepted by the City. Nothing shall be construed to limit the liability of the City, its employees or agents, for its or their own acts in regard to any improvement between commencement of contracts and acceptance by the City. (Ord. 4020; 1968 Code §12-95; Ord. 91-36; Ord. 01-42)
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